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Texas Compulsory School 
Attendance Law 



ANNIE WEBB BLANTON 

State Superintendent of Public Instruction 




BULLETIN 137 MARCH 1922 



e-x'a.'S. 



ISSUED BY 



THE DEPARTMENT OF EDUCATION 

STATE OF TEXAS 

, T -5 - A17-222-4M-L 

WonosrapV 



WAY I 3 1824 



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TEXAS COMPULSORY SCHOOL ATTENDANCE LAW 



NOTE FOR SCHOOL PATRONS 



This law is printed in separate pamphlet form for the convenience 
of and the information of school patrons. 

Attendance records show that in our rural districts too small a pro- 
portion of pupils attend school regularly. Eecords show that in certain 
sections of the State less than fifty per cent of the scholastic population 
are in attendance at the public schools. While the enforcement of the 
law has improved during the last few years, it is, as yet, far from sat- 
isfactory. It is poor economy to spend money on schools that are irreg- 
ularly attended. 

HOW YOU CAN AID IN THE ENFORCEMENT OF THE COMPULSORY ATTEND- 
ANCE LAW. 

1. Visit the rural schools of your county, ascertain if the law is 
enforced, and, if not, call the attention of the proper officers to this 
fact — especially the county superintendent and the county attorney. 

2. Hold public meetings in every part of the county, explain the im- 
portance of an education, both as regards the child and as regards state 
progress, and build up public sentiment for better schools and for en- 
forcement of the law. 

3. Ascertain whether exemptions or excuses are granted for paltry 
causes, and urge stricter obedience to the law. 

4. See if your county superintendent has furnished the superintend- 
ent or principal of each school district of your county with a list of all 
children of scholastic age belonging in that district, if your county 
superintendent has required each superintendent and principal in the 
county to furnish him with the names of all children on such lists who 
are not enrolled in school, if he has required the superintendent or prin- 
cipal of all private, denominational, or parochial schools to furnish him 
with a list of all children of scholastic age enrolled in such schools, and 
if he has checked the lists of children enrolled in the various districts 
and schools with his list of children enumerated in the scholastic census, 
has ascertained what pupils are not in any school, and has furnished a 
list of such children to the proper county or district authorities. There 
can be no adequate enforcement of the law unless this systematic work 
is done, and the law requires that it be done. 

5. Ascertain if your county has a county attendance officer, and in- 
quire what he or she is doing to enforce the law. If your county has 
no county attendance officer, your county school board can employ one. 
It has authority, without any formal petition or notice, to provide for 
the employment of a competent office assistant for the county super- 
intendent or ex-officio county superintendent, and to pay the salar)^ of 
such assistant from the school funds of the school districts of fewer 
than 500 scholastics. Such office assistant is, by law, compelled to act 
also as county attendance officer. The district board of trustees of any 
school district having a scholastic population of more than 2000 may, 



on petition of fifty resident voters, after holding a hearing on the sub- 
ject, employ a district school attendance oflficer. 

6. Pledge candidates for school trustee, for county superintendent, 
for county judge, and for county attorney, to enforce the compulsory 
attendance law. 

7. Hold a county Go to School Week, in which you try to ascertain 
what children are not in school, and make an effort to secure their 
attendance. 

8. Try to build up a county pride in education. Ascertain the rela- 
tive educational standing of your county, get the reasons for its rank, 
and constantly urge improvement. 

9. Enlist the help of newspapers and of all men's and women's or- 
ganizations in the county. 

10. Urge it upon each organization to appoint a committee on 
Better Schools and the Removal of Illiteracy, one of the duties of which 
committee shall be to investigate, to ascertain facts as to the enforce- 
ment of the compulsory attendance law in the county, and to make 
regular reports as to progress. 

NEEDED AMENDMENTS TO THE LAW 

1. The age of exemption should be raised to sixteen. No pupil 
should be exempted who has not completed the work of the eighth grade. 

2. The compulsory term should be lengthened gradually; first to 
six months, then to seven, and then to eight, a period of one year 
elapsing between the respective extensions. The law should contain 
the provision that no child shall be required to attend a longer term 
than the free school term of the district in which he attends school, and 
this would exempt districts which cannot provide a long term of school 
from the extended periods. 

3. A systematic plan of requiring that attendance officers be em- 
ployed for all schools should be placed in the law. 

4. Power should be given to state school authorities to require en- 
forcement of the law, when local school authorities fail or refuse to act. 

5. Children are exempted from the provisions of the law to attend 
private, parochial, or denominational schools; then such schools should 
be required to make the English language the medium of instruction, 
and to conform, substantially, to public school standards. 

Most of these amendments have been submitted at the sessions of the 
Thirty-sixth and Thirty-seventh Legislatures, but failed of passage. 
You can pledge the members of the next Legislature to support such 
amendments, as on examination of the defects of the law, you find to 
be needed. 

TEXAS COMPULSOEY SCHOOL ATTENDANCE LAW 

Section 1. Attendance Requirements and Provisions. — Every child 
in this State who is eight years and not more than fourteen years old 
shall be required to attend the public schools in the district of its resi- 
dence, or in some other district to which it may be transferred, as pro- 
vided by law, for a period of not less than sixty days for the scholastic 
year, beginning September 1, 1916, and for a period of not less than 
eighty days for the scholastic years [year] beginning September 1, 1917, 



— 5— 

and for the scholastic year 1918-19, and each scholastic year thereafter 
a minimum attendance of 100 days shall be required. • 

The period of compulsory school attendance at each school shall begin 
at the opening of the school term unless otherwise authorized by the 
district school trustees and notice given by the trustees prior to the 
beginning of such school term ; provided, that no child shall be required 
to attend school for a longer period than the maximum term of the 
public school in the district where such child resides. (Acts of 34th 
Leg., Chap. 49, Sec. 1.) 

The oflBcial ruling of the State Superintendent is that the minimum compul- 
sory attendance of 100 days means 100 consecutive school days. 

The Court of Criminal Appeals held in the case of Butler vs. State, 194 
S. W., 166, that the provisions of the compulsory school attendance law are 
not applicable until a child becomes eight years of age, and after it becomes 
fourteen years of age. 

If the beginning of the compulsory school attendance period be changed 
from the opening of the school term, notice thereof shall be posted on the 
schoolhouse door of the district, delivered to the county superintendent, handed 
to the superintendent, principal, or other official of private, denominational or 
parochial schools, and published in the local papers, if there be any, prior 
to the opening day of the regular school term. Failure to receive official 
notice will not absolve any school officer, instructor, or private tutor from the 
requirements of the law. It is highly desirable that the compulsory school 
attendance period be placed as near as practicable to the opening of the reg- 
ular school term, and the county superintendent will find it easier to admin- 
ister the requirements of the law if he succeeds in getting school trustees to 
adopt as nearly as possible a uniform date for the beginning of the compul- 
sory attendance period. 

Sec. 2. Exemptions. — The following classes of children are exempt 
from the requirements of this Act: 

(a) Any child in attendance upon a private or parochial school or 
who is being properly instructed by a private tutor. 

(b) Any child whose bodily or mental condition is such as to render 
attendance inadmissible, and who holds definite certificate of a reputable 
physician specifying this condition and covering the period of absence. 

(c) Any child who is feeble-minded, for the instruction of whom no 
adequate provision has been made by the school district. 

(d) Any child living more than two and one-half miles by direct 
and traveled road from the nearest public school supported for children 
of the same race and color of such child, and with no free transporta- 
tion provided. 

(e) Any child more than twelve years of age who has satisfactorily 
completed the work of the fourth grade of a standard elementary school 
of seven grades, and whose services are needed in support of a parent or 
other person standing in parental relation to the child, may, on pres- 
entation of proper evidence to the county superintendent of public in- 
struction, be exempted from further attendance at school. (Acts of 
34th Leg., Chap. 49, Sec. 2, as amended by the Acts of the 37th Leg., 
Chap. 125, Sec. 1.) 

Sec. 3. It shall be the duty of the county superintendent to issue 
instructions to the school census trustees to make adequate entry upon 
the rolls and summaries of the various trustees whicli are now required 
by law to be filed with the county superintendent in his office, of each 



— 6— 

and every child within the scholastic age which is either deaf or blind. 
Upon receipt of said census reports and rolls the county superintendent 
shall immediately compile a complete list of names, ages, and informa- 
tion contained on the census report of each child deaf or blind, certify 
thereto and forward same to the respective officers, the deaf to the 
Superintendent of the Texas Deaf and Dumb School, the blind to the 
Superintendent of the School for the Blind. (Acts of 34th Leg., Chap. 
49, Sec. 2, as amended by the Acts of the 37th Leg., Chap. 125, Sec. 2.) 

Sec. 4. The Same. The certificate made above shall constitute an 
application to the institution to which it is directed for the maintenance, 
care and education of all such children, and it shall be the duty of the 
Superintendent of the Deaf and Dumb and the School for the Blind, 
respectively, to permit the entrance, provide for the maintenance, care 
and education of said applicants under such rules and regulations as 
may be prescribed by him in so far as the facilities now or hereafter be 
provided are adequate in such institutions. 

In the event that all of said applicants or any part thereof cannot 
be received it shall be the duty of the superintendents of the respective 
institutions to issue and mail to the parents of all children for whom 
there is no adequate facilities, a certificate to be known as an Inade- 
quate Instructional Facilities Exemption. This exemption shall con- 
tain thereon the fact of the application and that there is now no means 
by which the State may maintain, care for and instruct the person to 
whom said certificate is given, and such other information as may be 
prescribed by the Superintendents of the Deaf and Dumb School and 
the School for the Blind. 

All deaf children between the ages of seven and twenty-one years of 
age, inclusive, and all blind and partially blind children between the 
ages of six and fourteen years of age, inclusive, whose vision is not 
sufficient to enable them to attend the public schools, shall be subject 
to all the provisions of the law with reference to the compulsory school 
attendance; provided, however, that such children as hold a certificate 
of exemption as above described shall be exempted from such laws and 
shall not be subject to any of the penalties now provided for failing 
to attend school. (Acts of 34th Leg., Chap. 49, Sec. 2, as amended by 
the Acts of the 37th Leg., Chap. 125, Sec. 3.) 

A simple request on the part of the parent or guardian, or a verbal excuse 
on the part of the county superintendent, will not suffice to answer the require- 
ment of the law in regard to attendance during the compulsory term. The 
person desiring exemption shall direct his application to the county superin- 
tendent, using the form prescribed by the State Department of Education, and 
setting forth the reason why the request for exemption from further attendance 
at school be granted. If granted, the county superintendent will issue to the 
petitioner a certificate of exemption, which certificate shall be subject to rev- 
ocation at any time by the authority issuing it if it be found that the state- 
ment in the petition were incorrect or false, or if the child be found spending 
his time in idleness. Before giving any certificate of exemption to any child 
under this provision of the law, the county superintendent will thoroughly in- 
vestigate any such case and determine to his satisfaction that the services of 
such child are actually needed in support of a parent or other person standing 
in parental relation to said child. If the census records of the county do not 
disclose the age of the child, the county superintendent may require an affidavit 
from the parent to the effect that the child is more than twelve years old. In 
determining whether or not the child has completed the work of the fourth 



— 7— 

grade, the county superintendent will ordinarily be governed by the records of 
the school where the child may have completed the grades. Promotions will 
be determined by the local teacher under the direction of the county super- 
intendent and the rules and regulations prescribed by the county school trustees. 
The county superintendent shall make note on each such application his dis- 
position of the case, and carefully file such petition as a part of the records 
of his ofhce to be preserved for at least one year. 

Sec. 5. Excuses for Absences. — Any child not exempted from the 
provisions of this Act may be excused for temporary absence due to 
personal sickness, sickness or death in the family, quarantine, severe 
storm which has destroyed bridges and made the regular means of 
travel dangerous, or for unusual causes acceptable to the teacher, prin- 
cipal, or superintendent of the school in which said child enrolled; 
provided, that the excuses are in writing and signed by the parent or 
guardian of said child; but any case so excused may be investigated 
by the authorities discharging the duties of attendance officer for the 
school from which said child is so excus-ed. (Acts of 34th Leg., Chap. 
49, Sec. 4.) 

The temporary absence of any child may be excused by the teacher, prin- 
cipal, or superintendent of the school upon the written request of the parent 
or guardian properly signed in his or her own handwriting, and setting forth 
one or more of the reasons specified in this provision. In each instance, the 
teacher shall write on the application the word "Approved" or "Rejected," 
as the case may be, together with the date of this action, and sign thereon 
Ms or her name. All such applications approved shall be carefully preserved 
and delivered during the day to the head teacher or principal of the school 
if there be more than one teacher in the school, who shall have authority to 
investigate promptly such applications for excuse if deemed advisable. Any 
application for excuse rejected by the teacher shall be reported immediately 
by her to the head teacher or principal of the school, if there be more than 
one teacher in the school, whose duty it shall be to investigate the merits of 
■such application, and if the teacher is sustained in her action rejecting said 
application for excuse, then it shall be the duty of the head teacher or prin- 
cipal to report the matter to the superintendent of the school without delay, 
who shall in turn have authority to investigate the merits of the case. If 
the superintendent sustains the action of the teacher and principal in reject- 
ing the application for excuse, it shall be his duty to report the matter im- 
mediately to the attendance officer for attention. Rural teachers not in dai'"' 
touch with the county superintendent will comply with this requirement, jf 
the law by placing in the United States mail on the day of its rejection any 
application for excuse rejected by them. 

Sec. 6. Employment ProJiihited. — No child under fourteen years 
of age not lawfully excused from attendance upon school shall be em- 
ployed by anyone during the school hours in any occupation during the 
period which the child is required to be in school, as provided by this 
Act. Any person, firm or corporation found guilty of employing any 
child or any person inducing any child to remain out of school who is 
subject to the provisions of this Act shall be fined not to exceed ten 
dollars for each offense, and each day that said child is employed after 
due notice given by any school official that said child cannot be legally 
emplo3-ed shall constitute a separate offense. (Acts of 34th Leg., Chap. 
49, Sec. 5.) 

Under the provisions of this Act, the attendance officer shall have authority 
to enter any place of business for the purpose of ascertaining whether or not 
the employer is using any child under fourteen years of age not lawfully excused 



—8— 

from attendance upon school. Any person employing a child excused from 
attendance upon school by the attendance officer shall keep on file at his place 
of business the certificate of exemption of such child so employed. If on 
investigation the attendance officer finds any person, firm or corporation em- 
ploying any child coming within the provisions of this Act and not lawfully 
excused from attendance upon school, he shall proceed to file complaint against 
such person, firm, or corporation, as the case may be, in the justice court, 
and urge prosecution of the case to its completion. In cases of doubt when 
the child's age cannot be verified by the census trustee's records, the attend- 
ance officer may require an affidavit of the parent as to the age of his child. 

Sec. 7. County and District Attendance Officer. — The county school 
trustees of any county having a scholastic population of more than three 
thousand may elect a school attendance officer for said county upon 
petition of at least fifty resident freeholders of said county setting forth 
reasons good and valid in the judgment of the county school trustees 
why said county shall have an attendance officer; 'provided, that a public 
hearing shall be had on said petition after due notice of such hearing 
shall have been given by publishing said notice in a newspaper published 
at the county seat for three consecutive weeks, if there be such a news- 
paper, and if there be no such newspaper, then by posting written or 
printed notices in at least three public places within the county, one of 
which notices shall be posted at the courthouse door of said county, 
and if, after said hearing of said county board of trustees, in their 
judgment said county board of trustees believe that a school attendance 
officer is necessary to the proper enforcement of the provisions of this 
Act, and that the schools of said county will be benefited by having said 
attendance officer, the said board may elect such officer as herein pro- 
vided. The board of trustees of any independent district having a 
scholastic population of more than two thousand may, after being peti- 
tioned and having hearings on said petition, as provided in this section 
for election of county attendance officer, elect an attendance officer for 
said independent district, if, in the judgment of said board of trustees, 
said attendance officer is necessary to the proper enforcement of the 
provisions of this Act. Any attendance officer that may be elected by 
the county school trustees of any county, or by the board of school 
trustees of any independent school district, may have his salary paid 
from the available school funds belonging to said county or district, 
not exceeding two dollars per day for the time actually employed in 
discharging his duty as such attendance officer; and in any county or 
independent district where such attendance officer is not elected as 
provided for in this section, the duties of said attendance officer shall 
devolve upon the school superintendent and peace officers of such county 
or district who shall perform the duties of such attendance officer with- 
out additional pay. Counties or independent school districts which 
may avail themselves of the option to elect school attendance officers 
may elect the probation officer or some officer or officers of the juvenile 
court of said county to serve as such attendance officer for said county 
or for said independent district or independent districts located in said 
county. (Acts of 34th Leg., Chap. 49, Sec. 6.) 

Any county having a scholastic population of more than 3000 children should 
by all means have a school attendance officer for said county. Such officer 
can render the county superintendent invaluable assistance in the successful 
administration of the compulsory school attendance law, and in addition thereto 



— 9— 

the attendance officer can help the county superintendent in preparing, delivering^, 
collecting, and revising of lists, as required in Section 80. The attendance officer 
' should be assigned to the county superintendent by the county school trustees 
and be required to co-operate fully with the suiierintendent in the discharge 
of his duty. No person should be employed as attendance officer except he be 
vigoroxis and trustworthy. The duties of attendance officer will subject the 
person acting in this capacity to the inclemency of the weather and force upon 
him many arduous duties that cannot be performed by decrepits and cripples. 

The board of trustees of an independent district having a population of more 
than 2000 should not hesitate to employ an attendance officer and assign him or 
her to the city superintendent for the purpose of helping to execute the require- 
ments of the compulsory school attendance law within the city. Such attend- 
ance officer should be required to co-operate closely with the county attend- 
ance officer. He or she should be a strong and vigorous man or woman, thor- 
oughly reliable and industrious. 

Xote that where an office assistant is employed for the county superintendentr 
such assistant is required to act as county attendance officer, and is paid such 
salary as may be fixed by the county board of trustees. No petition or hear- 
ing is necessary before the employment of an office assistant for the county 
superintendent. Where an office assistant for the county superintendent is em- 
ployed, a county attendance officer may ' not be also employed. It is compul- 
sory that such office assistant also act as county attendance officer. 

This section of the law fixes the salary of all other attendance officers at 
$2.00 per day for the time actually employed. It is especially desirable that 
an attendance officer be employed for all his time. At the rate of $2.00 per 
day^, this would give him a maximum salary of $48 per school month of four 
weeks. In independent districts, the attendance officer should be listed by the 
superintendent in his monthly payroll as one of the regular employes of the 
board of trustees, and his salary paid in the usual manner oiit of the avail- 
able school funds belonging to the district. Tlie salary of the county attend- 
ance officer shall be paid monthly on order of the county school trustees by 
warrant signed by the county superintendent. In setting aside the funds for 
the payment of the salary of the county attendance officer, the coiinty school 
trustees should apportion the amount of such salary to the common and inde- 
pendent districts of the county according/to scholastic population, exempting, 
however,, those independent districts employing separate attendance officers. 
Counties or independent school districts choosing to elect the probation officer 
or some officer or officers of the juvenile court as attendance officer are author- 
ized to adjust the salary paid such officer as in their judgment is right and 
proper. 

Where no attendance officer is elected as provided under Sections 76 and 77, 
the duties of said attendance officer shall devolve upon the school superintendent 
and peace officers. It should be specifically' noted that any independent dis- 
trict eligible to elect an attendance officer but failing to do so, the duty of 
attendance officer in such district having more than 2000 scholastics devolves 
upon the city school superintendent and the peace officers of the independent 
district. In such instance, the city superintendent would be the chief attend- 
ance officer of the district, and would be privileged to call upon the peace 
officers of the district for such assistance as he deemed necessary in the en- 
forcement of school attendance. In counties having no independent district 
with more than 2000 scholastics, the county attendance officer will act for the 
entire county, and is by law entitled to hearty co-operation of the peace officers 
and the entire teaching force of the county. In independent districts voting 
and collecting a local maintenance tax, there is no inhibition of law which 
will prevent such districts from employing such assistance as may be deemed 
necessary by the board in carrying out the provisions of this Act. 

Sec. 8. Potvers and Duties of Attendance Officer. — The person or 
persons performing the duties of attendance officer or officers for any 
county or district shall have power to investigate all cases of unexcused 
absences from school, to make and file in the proper court complaint in 



—10— 

due form against any person or persons violating the provisions of this 
Act, to administer oaths and to serve legal process, to enforce the pro- 
visions of this Act, to keep records of all cases of any kind investigated 
by him in the discharge of his duties, and to make reports of his work 
as the State Superintendent may require, provided that nothing in 
this Act shall be construed to authorize any attendance officer to invade 
or enter without permission of the owner or tenant thereof, or the 
head of any family residing therein, any private home, or private resi- 
dence, or any room or apartment thereof, except to serve lawful process 
"upon any parent, guardian or other person standing in parental rela- 
tion to any child affected by this Act, or to forcibly take corporal cus- 
tody of any child anywhere without the permission of the parent or 
guardian thereof, or other person standing in parental relation to such 
child, except in obedience to valid process issued by a court of com- 
petent jurisdiction, and provided that otherwise than as hereinbefore 
provided, such attendance officer shall have the power to enforce the 
provisions of this act. (Acts of 34th Leg., Chap. 49, Sec. 7.) 

Under this provision of the" law, a person acting as attendance oflBcer shall 
be vested with the following powers : 

1. To investigate all cases of unexcused absence from school. 

2. To make and file complaint against any person or persons violating any 
provision of this Act. 

3. To administer oaths and to serve legal processes. 

4. To keep records of all cases of any kind investigated by him in the dis- 
charge of his duties. 

5. To make reports of his work as the State Superintendent may require. 

6. To enforce the provisions of this Act in a fair and impartial manner. 

To file complaint in due form in misdemeanor cases as contemplated by 
Section 8 requires that the attendance officer use the form prescribed by the 
court. 

The attendance officer must provide himself with a well bound record in 
which to write the history of each case investigated by him. All records shall 
state the character of the case, the findings in each instance, and the final 
disposition of the case. Each attendance officer or other person discharging the 
duties of attendance officer will be required to make reports of his work in 
administering the compulsory school attendance law to the State Superintendent 
of Public Instruction, and a careful record will greatly assist him in the dis- 
charge of his duty. 

Sec. 9. Duties of School Superintendents, Principals and Teachers. — 
It shall be the duty of the county superintendent of public instruction 
to furnish to the superintendent of schools of each school district in 
the county, and to the principal of the school in case there be no super- 
intendent, a complete list of all children of scholastic age belonging in 
said district, as shown by the last scholastic census and the record of 
transfers to and from said district. 

The superintendents and principals of the various schools of said 
county shall, within five days from the date that the provisions of the 
compulsory attendance Act applies to said school, report to said county 
superintendent the names ot all children subject to the provisions of 
this Act who have not enrolled in said school, and it shall be the duty 
of the superintendent, principal or other official of private, denomi- 
national or parochial schools to furnish to said county superintendent 
a list of all children of scholastic age enrolled in the school presided 



—11— 

over by said official and the district in which said child was enumerated 
in the public school census. 

From the reports received from the superintendents and principals 
of the public schools and from the officials of the private, denominational 
and parochial schools, the county superintendent shall make up a com- 
plete list of all children within scholastic age enrolled in the various 
districts of said county who have not enrolled in some school and are 
complying with the compulsory attendance Act, and said list shall be 
furnished to the authorities to whom has been delegated the power to 
enforce the provisions hereof for said county or district, which authori- 
ties shall proceed to carry out their respective duties as prescribed in 
Section 6 of this Act. (Sec. 7 of this pamphlet.) 

All notices, forms and blanks to be used by any of the superintend- 
ents, principals or officials of any school shall be prescribed by the State 
Superintendent of Public Instruction. 

It shall be the duty of any teacher giving instruction to any child 
within compulsory attendance age to report promptly to the attend- 
ance officer or other person acting in his stead as herein provided, any 
unexcused absences, for his action. (Acts of 34th Leg., Chap. 49, 
Sec. 8.) 

From tlie census rolls of the county and the transfer records of his office, 
the county superintendent will furnish the superintendent, principal or teacher 
of each public school under his supervision a list of all children of scholastic 
age belonging in the district, in each instance using the form prescribed for 
this purpose by the State Department of Education. The roll of scholastics 
belonging to any school shall be delivered to the teacher of the school with 
other records necessary in the conduct of her school in advance of the open- 
ing day of school. 

Xot later than the fifth day from the beginning of the compulsory attend- 
ance period in any school, the superintendent, principal, or teacher of any 
public school shall report to the county superintendent the names of all children 
subject to school attendance under this Act who have not enrolled in public 
school as shown by the teacher's register in comparison with the county super- 
intendent's roll of scholastics and transfers furnished said superintendent, 
principal, or head teacher. Likewise it shall be the duty of any private tutor, 
the superintendent, principal, or other official of private, denominational, or 
parochial schools to furnish to the county superintendent not later than the 
fifth day from the beginning of the compulsory attendance period, a list of 
all children of scholastic age enrolled under their supervision and instruction. 
The county superintendent shall carefully recheck all such lists promptly and 
furnish to the attendance officer a definite list of all children subject to com- 
pulsory school attendance who are not complying with the law, and it will 
be the duty of such attendance officer immediately to direct the parents or 
guardians of all such children to enter them in school without further delay 
and from day to day pursue the steps prescribed by law to compel such children 
to attend school regularly. 

The administration of this provision of law is similar to that prescribed in 
Section 5 of this pamphlet. It is intended primarily to require co-operation of 
private tutors, superintendents, principals, or other officials of private, denomi- 
national or parochial schools in reporting promptly to the attendance officer 
unexcused absences during the compulsory attendance period. In order to 
enforce compulsory school attendance imiformly and satisfactorily, it will be 
necessary for all teachers, both private and public, to report promptly to the 
attendance officer all unexcused absences, and the method of reporting should 
be in accordance with the directions given in note under Section 5. 

Parents should be encouraged to report immediately the absence of their 
children from school, and give the reason therefor. Such action on their part 



—12— 

would not only be regarded as a friendly attitude toward the school, but it 
would save time for the attendance officer and would serve to cultivate in the 
minds of the children a respect for the law. Any teacher failing to comply 
strictly with the provisions of this law would be subject to dismissal by the 
board of trustees, and Avould give sufficient cause for the cancellation of her 
certificate. This provision of the law makes it obligatory upon all private 
tutors, and all teachers in public, private, and parochial schools to report 
promptly any unexcused absence to the attendance officer. 

Sec. 10. Duties of Parent or Ouardian; Penalties; Truancy, In- 
corrigihility, and Suspension. — If any parent or person standing in 
parental relation to a child within the compulsory school attendance 
ages who is not properly excused from attendance upon school for some 
one or more of the exemptions provided in Section 2 of this Act fails 
to require such child to attend school regularly for such period as is 
required in Section 1 hereof, it shall be the duty of the attendance 
officer who has jurisdiction in the territory where said parent or person 
standing in parental relation resides, to warn such parent or person 
standing in parental relation, that the provisions of this Act must be 
immediately complied with, and upon failure of said parent or person 
standing in parental relation to immediately comply with the provi- 
sions of this Act after such warning has been given, the official dis- 
charging the duties of the attendance officer shall forthwith file com- 
plaint against such parent or person standing in parental relation to 
said child, which complaint shall be filed in the county court, or in the 
justice court in the precinct where such parent or guardian resides, 
and shall diligently prosecute same to its conclusion. 

Any parent or other person standing in parental relation upon con- 
viction for failure to comply with the provisions of this Act shall be 
deemed guilty of a misdemeanor, and -shall be fined for the first offense 
five dollars, and for the second offense ten dollars, and for each subse- 
quent offense twenty-five dollars. Each day that said child remains 
out of school after said warning has been given or after said child has 
been ordered in school by the juvenile court, may constitute a sep- 
arate offense; provided, however, that if any parent or person standing 
in parental relation to any child within the compulsory school attend- 
ance ages shall present proofs that he or she is unable to compel such 
child to attend school, said person in parental relation shall be exempt 
from the above penalties as regards the non-attendance of such child, 
and such child may be proceeded against as an habitual truant and be 
subject to commitment to the State Juvenile Training School or any 
other suitable school agreed upon between the parent or the guardian 
of said child and the judge of the juvenile court. 

All fines collected under the provisions of this Act shall be paid 
into the available school fund of the common school district or of the 
independent school district in which the pei^on fined resides, as the 
case may be. 

Any child within the compulsory school attendance ages who shall 
be insubordinate, disorderly, vicious or immoral in conduct, or who per- 
sistently violates the reasonable rules and regulations of the school 
which he attends, or who otherwise persistently misbehaves therein so 
as to render himself an incorrigible, shall be reported to the person 
exercising the duties of attendance officer of said school, who shall pro- 
ceed against such child in the juvenile court as herein provided. If such 



—13— 

child is found guilty upon a charge or charges made against him in 
said court, the judge of said court shall have the power to parole said 
child, after requiring the parent or other person standing in parental 
relation to execute a bond in the sum of not less than ten dollars, con- 
ditioned that said child shall attend school regularly and comply with 
all the rules and regulations of said school. If the superintendent or 
principal of any school shall report to the school attendance officer 
acting for said school that said child has violated the conditions of his 
parole, said attendance officer shall proceed against such child before 
the judge of the juvenile court, as in the first case herein mentioned, 
and if said child shall be found guilty of violating the conditions of 
said parole, the bond provided for herein shall forthwith be declared 
forfeited, and shall be collected in the same manner as other forfeited 
bonds under the general laws of this State, and the proceeds of same 
paid into the available school fund of the common school district or 
the independent school district, as the case may be; and the judge of 
said court shall have the power in his discretion, after a fair and im- 
partial hearing given to said child, to parole said child again, requiring 
such bond as he may deem prudent, and require said child to again 
enter school. If said child shall violate the conditions of the second 
parole and shall be convicted of same, he shall be committed to a suit- 
able training school as may be agreed upon by the parent of the child 
and the judge of the juvenile court in which the child is convicted. 
(Acts of 34th Leg., Chap. 49, Sec. 9.) 

Upon receipt of the names of any child subject to compulsory school attend- 
ance as provided in Section 9, or upon notice from the teacher as provided 
in Section 9, the attendance officer shall proceed immediately to warn such 
parent or person standing in parental relation to the child of his or her 
failure to comply with the provisions of the compulsory school attendance 
law, and direct such parent or person to comply with the requirements of the 
law without further delay. In administering warnings, the attendance officer 
shall use the form prescribed by the State Department of Education, and shall 
make record in each instance when he has discharged his duty. The fact that 
a warning has been administered does not absolve the duty of the attendance 
•officer in this respect. Each day that the parent fails to comply with the 
■directions of the attendance officer is to be regarded as a separate offense, 
and it will, therefore, be the duty of the attendance officer to continue in the 
•discharge of his duty as provided by law until he has succeeded in compelling 
the parent to send his child or children to school regularly. If any parent 
or person thus warned shall fail to comply immediately with the attendance 
requirements of this Act after such warning has been given, the attendance 
officer shall forthwith make and file complaint against such parent or person 
In the county court or in the justice court in the precinct where such parent 
or person resides, and the attendance officer shall diligently prosecute the 
case to its conclusion. This provision of the law does not contemplate that 
the attendance officer shall usurp the functions of the county attorney in the 
prosecutions of misdemeanor cases in the administration of the compulsory 
school attendance law, but does lay upon the attendance officer the duty of 
discharging diligently his particular duties in the prosecution of such cases; 
and, too, it requires him to render such assistance as will help the county 
attorney and court in bringing the case to satisfactory conclusion. 

Any parent or person convicted iinder the foregoing section i«hall be deemed 
guilty of a misdemeanor, and shall be fined as follows: 

For the first offense $ 5.00 

For the second offense 10.00 

For each subsequent offense 25.00 



■ -14- 

It should be noted here that each day after said warning has been given 
or after said child has been ordered in school by the juvenile court constitutes 
a separate offense, except that the parent or person standing in parental rela- 
tion presents proof that he or she is unable to compel such child to attend 
school. If the parent or person standing in parental relation to any child 
succeed in establishing proof to the satisfaction of the judge of the juvenile 
court that he or she is unable to compel such child to attend school regularly, 
then said child may be proceeded against as an habitual truant, and be subject 
to commitment to the State Juvenile Training School if a boy, or to the Texas 
State Training School for Girls if a girl, or to any other suitable school agreed 
upon by the parent of the child and the judge of the court. In those instances 
where the parent fails to agree with the judge upon what shall be a training 
school for the child, the judge of the juvenile court shall have the deciding 
voice. 

All fines collected under this provision and paid into the available school 
fund may be used in the payment of salaries of teachers, superintendent, census 
trustee and attendance oflBcer. 

Any child who shall render himself an incorrigible under this provision, 
and be suspended from school by the teacher, shall be reported at once by 
his teacher to the attendance officer of said school, which officer shall imme- 
diately file charges against such child in the juvenile court and shall prose- 
cute the case to its completion. In disposing of the case, the judge of the 
court shall have power to parole said child after requiring the parent or guardian 
to execute a good and sufficient bond in a sum of not less than $10 to the effect 
that said child shall attend school regularly and comply with all the rules 
and regulations of said school. If the superintendent, principal, or teacher 
report to the attendance officer that the child has violated the conditions of 
his parole, the bond for the child required in the first instance shall be declared 
forfeited, and shall be collected and paid into the available school fund of 
the district in which the child resides, except the judge of the juvenile court 
shall decide to parole said child again, requiring such bond in excess of the 
amount specified in the first instance as he may deem prudent, and requiring 
said child to re-enter school a second time. No child shall be paroled more 
than twice during any school year, and upon violation and conviction of a 
second parole, it shall be the duty of the judge of the juvenile court to commit 
the child to a suitable training school as may be agreed upon with the parent 
of the child. As stated in preceding note, the judge of the juvenile court shall 
have the deciding voice in case that parent of the child and he are unable to 
agree upon a suitable training school. Under this provision of the law there 
can be no such thing as expulsion of a child of compulsory school attendance 
age. The teacher may suspend a pupil during the compulsory school attend- 
ance period, provided as stated above, she reports the matter immediately to 
the attendance officer. The law says that the child of compulsory school age 
must go to school. If he will not conduct himself in accordance with the rules 
and regulations of the school as approved by the board of trustees, the judge 
of the juvenile court shall commit him to some suitable training school. The 
law does not provide that the local school board shall defray any part of the 
expenses of said child when committed to a suitable training school or to the 
State Juvenile Training School. Pupils imder the instruction of a private 
tutor or in attendance upon a private, parochial or denominational school shall 
be proceeded against for incorrigibility, truancy and suspension as if they were 
in attendance upon the public free schools. 



